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McNamara v. Associated Press

United States District Court, Southern District of New York

January 13, 2015

DOLORES MCNAMARA, Plaintiff,
v.
THE ASSOCIATED PRESS, Defendant.

Joseph B. Cartafalsa, Esq. Putney Twombly Hall & Hirson LLP.

OPINION AND ORDER

HENRY PITMAN, United States Magistrate Judge.

On August 21, 2 014, I issued an Opinion and Order in this matter granting defendant's motion for summary judgment and dismissing the complaint to the extent it asserted claims under the Fair Labor Standards Act.[1] Because the record was ambiguous as to whether plaintiff was asserting claims under the Age Discrimination in Employment Act ("ADEA") and the New York State Human Rights Law ("NYSHRL"), I afforded plaintiff the benefit of the doubt and construed the complaint as also asserting claims under these statutes. My Opinion and Order also identified fatal flaws in the complaint concerning claims under ADEA and the NYSHRL and directed plaintiff to show cause by September 20, 2014 why summary judgment should not be granted dismissing the com- plaint to the extent it asserts claims under these two statutes. I subsequently granted plaintiff's request to extend her time to respond to my Order to show cause to December 1, 2 014.

Plaintiff has not made any submission to me showing cause why summary judgment should not be granted dismissing the complaint to the extent it asserts claims under the ADEA or the NYSHRL, nor has she contacted my chambers in any way.

Accordingly, for the reasons identified in my Opinion and Order dated August 21, 2 014, summary judgment is granted dismissing the complaint to the extent it asserts claims under the ADEA and the NYSHRL. Because this Order resolves all remaining claims in this matter, the Clerk of the Court is directed to mark this matter closed.

SO ORDERED


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